Wisconsin Legislature: Text

Note: The Wisconsin Department of Administration Division of State Facilities official website is www.doa.state.wi.us/dsf. Forms, publications and information regarding architect/engineer selection and proposed projects may be obtained from this website.

SECTION 7. Adm 20.06 (1) is amended to read:

Adm 20.06 Selection by advertisement. (1) For all projects having an estimated project cost which would exceed $2,500,000 of $5,000,000 or more, an invitation for architects/engineers to submit proposals for consideration by the selection committee, shall be published in a class 2 notice under ch. 985 Stats. in the official state paper. The notice shall include the following information:

SECTION 8. Adm 20.06 (1) (c) is repealed and recreated to read:

Adm 20.06 (1) (c) Architect/engineer qualification requirements.

SECTION 9. Adm 20.06 (1) (e) is repealed and recreated to read:

Adm 20.06 (1) (e) Project description, estimated project budget and schedule.

SECTION 10. Adm 20.06 (1) (g) and (h) are created to read:

Adm 20.06 (1) (g) Criteria used in ranking architects/engineers to qualify for the interview process.

(h) Other information pertinent to the solicitation regarding the qualifications of the architect/engineer firm.

SECTION 11. Adm 20.07 (3) (f) is created to read:

Adm 20.07 (3) (f) Other information pertinent to the review of architect/engineer qualifications.

SECTION 12. Adm 20.07 (4) is amended to read:

Adm 20.07 (4) Consideration may be given to joint ventures associations consisting of 2 or more architect/engineer firms organized for the purposes of furnishing professional services as a single entity, providing the assignment of and provisions for continuity of the various responsibilities within the joint venture association are approved by the selection committee and further providing that the combination of the qualifications of the individual firms constituting the joint venture association makes the team eligible for selection as defined in s. Adm 20.02 (4) and the qualification requirements indicated in sub. (3). Those firms that are party to an association that are invited to interview in accordance with s. Adm 20.08 (1) shall submit at the interview an executed draft association agreement in principal between the parties. Firms that are party to an association, selected in accordance with s. Adm 20.08 (6), shall submit a final executed association agreement between the parties prior to execution of a contract in accordance with s. Adm 20.09. The association agreement shall indicate how responsibilities will be shared, how tasks will be divided and the firms or individuals that will be assigned the responsibilities and tasks.

SECTION 13. Adm 20.08 (1) is amended to read:

Adm 20.08 Interview. (1) Those architects/engineers deemed to be the best qualified, shall be notified and date and time shall be arranged for them to appear before the selection committee for the purpose of presenting their understanding of the scope of services required and their proposed method of meeting the program. , including appropriateness and adherence to project budget and schedule. A copy of the evaluation form and interview questionnaire used by the selection committee will be furnished to the architect/engineer at least 10 days prior to their scheduled appearance.

SECTION 14. Adm 20.08 (5) and (6) are amended to read:

Adm 20.08 (5) The selection committee will submit their first and second recommendation for selection of an architect/engineer to the secretary of the department or the secretary's designee.

(6) The secretary of the department, or the secretary's designee, will consider the selection committee's recommendations, and inform the selection committee of the results of that consideration.

SECTION 15. Adm 20.08 (8) and (9) are amended to read:

Adm 20.08 (8) Negotiations for contract shall be conducted in the same manner as that specified in s. Adm 20.05 (11) (9).

(9) As soon after the selection of an architect/engineer has been confirmed, an announcement shall be sent to all architects/engineers who were interviewed, informing them of the selection committee action. After confirmation of the selection, the department shall notify all interviewed architects/engineers informing them of the selection committee action and post results of selection on the department's official website. Any architect/engineer who was interviewed may upon request, inspect the selection committee interview evaluation of their firm.

SECTION 16. Adm 20.09 (2), (a) and (b) are amended to read:

Adm 20.09 (2) Upon return of contracts from the architect/engineer, the department shall be guided by the following procedure regarding final approval: Final approval authority for contracts shall be guided by all of the following:

(a) The approving authority for contracts less than $15,000 the threshold prescribed in s. 16.87(3), Stats., is vested in the department secretary or a designee thereof. or the secretary's designee.

(b) Contracts of $15,000 the threshold prescribed in s. 16.87(3), Stats., or more must be signed by the department secretary or a designee thereof, or the secretary's designee, and forwarded to the governor for approval.

SECTION 17. Adm 20.09 (3) (b) and (c) are amended to read:

Adm 20.09 (3) (b) Change order requests shall be reviewed by the appropriate department representative coordinating the project implementation and by that employee's supervisor. If the request is approved by the department representative's supervisor, the recommendation shall be processed in the form of a change order and submitted to the department secretary or a designee thereof, or the secretary's designee, in accordance with s. 16.87(3), Stats., for approval. When the change order amounts to $15,000 or more it shall also be submitted to the governor for approval.

(c) A change order to the architect/engineer contract shall contain: specific information which will document the reason for the contract change, a description of the work involved, any change to the schedule, and the maximum cost limit.

SECTION 18. Adm 20.10 (4) and (5) are amended to read:

Adm 20.10 (4) The evaluation summary of the performance evaluation reports shall contain the significant evaluations of strengths and weaknesses and shall be utilized as a report to the selection committee and a basis for review with the architect/engineer. The summary shall be placed in the evaluation file.

(5) The professional service evaluation summary will be reviewed with the architect/engineer upon request. An entry shall may be made in the evaluation file to acknowledge the review with the architect/engineer, rating information, summary, or corrective measures to be taken as pertinent to providing good performance services, and any comments the architect/engineer desires to include as part of the record. The architect/engineer may appeal to the department any portion of the evaluation summary within a period of 30 calendar days after the architect/engineer has been notified of the evaluation.

SECTION 19. Adm 21.01 (2) is amended to read:

Adm 21.01 (2) These rules shall apply to all state construction projects when the estimated construction cost exceeds $30,000 the threshold prescribed in s. 16.855(1), Stats.

SECTION 20. Adm 21.02 is repealed and recreated to read:

Adm 21.02 Definitions. In this chapter:

(1) “Advertise for proposals" means a written notice announcing that sealed bids will be received for a specific construction project, inviting prospective bidders to obtain or review drawings and specifications for the purpose of submitting a bid to do work. The advertisement for proposals shall contain as a minimum, the following information:

(a) Location of the work.

(b) Identification of owner.

(c) Scope of the work, which describes such items as square footage, number of floors and primary function(s) of the project.

(d) A 10% bid guarantee is required.

(e) Date and time receipt of bids will close and public opening will occur.

(f) Location where bids will be received.

(g) Date and place where drawings and specifications will be available.

(2) “Bid" means the completed standard bid form on which the bidder has set forth the price or prices for which the bidder is willing to enter into a contract to perform and complete the work bid, in full compliance with the contract documents.

(3) “Bid guarantee" means a properly executed department of administration form of bid bond, a bank certified check, or a cashier's check, in an amount equal to 10% of the highest combination base bid(s) and alternate bids submitted. In the event the federal government participates in a state project, the bid guarantee shall be as specified by the federal government, but not less than 10%.

(4) “Bidder" means an individual, partnership, or corporation that submits a bid.

(5) “Bidders authorized representative" means an individual who has been provided in writing, the authority to act in the bidder's behalf.

(6) “Bidding period" means that time span from the date of first publication of the advertisement for proposals to the date of bid opening.

(7) “Lowest qualified responsible bidder" shall be defined to include all of the following which must be met to be considered for award of contract:

(a) Lowest bidder. The lowest bidder is one whose bid contains the lowest total dollar amount when compared with other bids submitted for the same work. Should the specifications require evaluation of other factors in conjunction with lowest dollar amount to determine the lowest bidder, a formula shall be specified which will permit the conversion of evaluation factors to a dollar value.

(b) Qualified bidder. A qualified bidder is one who meets the following conditions:

1. Has completed one or more projects of at least 50% of the size or value of the division of work being bid and the type of work completed is similar to that being bid. If a greater magnitude of experience is deemed necessary, other than size or value of the work, such requirements will be described in the specifications.

2. Has access to all necessary equipment and has organizational capacity and technical competence necessary to enable performance of the work properly and expeditiously.

3. Consideration will be given to associations consisting of 2 or more contracting firms organized for the purpose of entering into a construction contract as a single entity, providing the assignment of and provisions for continuity of the various responsibilities within the association are agreed upon prior to award of contract and further providing that either of the individual firms constituting the association is qualified as defined herein.

4. In the event that the project is of such magnitude as to limit competition as a result of the conditions established for qualification, the department may waive the condition for bidder qualification.

5. The department may require bidders to submit sworn statements as to financial ability, equipment and experience in construction and require other such information as may be necessary to determine their competency. Bidders failing to submit required sworn statements shall be deemed not qualified.

1. Maintains a permanent place of business.

2. Provides a sworn statement upon request, which evidences the bidder has adequate financial resources to complete the work being bid, as well as all other work the bidder is presently under contract to complete.

3. Is bondable for the terms of the proposed contract.

4. Has a record of satisfactorily completing past projects. Criteria which will be considered in determining satisfactory completion of projects by contractors and subcontractors will include:

a. Completed contracts in accordance with drawings and specifications.

b. Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions are granted by the owner.

c. Fulfilled guarantee requirements of the contract documents.

d. Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions.

e. Established and diligently maintained a satisfactory safety program in accordance with the contract provisions.

5. Is not presently on an ineligible list maintained by the department of administration for noncompliance with equal employment opportunities and affirmative action requirements as provided for in s. 16.765 (9), Stats., or on any other agency list for violation of statutes or administrative rules.

(8) “Omission, error or mistake" are terms used interchangeably and synonymously, constituting a neglect to provide something that is required or a departure from accuracy.

(9) “Supporting documents" means those documents packaged with a bid including, but not limited to, bid guarantee, power of attorney if bid bond is submitted as bid guarantee, affidavit form and other information specifically requested. Materials submitted with the bid form that are unsolicited are deemed to be fugitive materials and shall not be considered in determining the lowest bidder or award of contract.

SECTION 21. Adm 21.05 (2) is amended to read:

Adm 21.05 (2) Should the bidder not possess the special envelope described in sub. (1), the bidder should shall place the following information on the face of the outermost envelope containing the bidder's proposal:

SECTION 22. Adm 21.05 (5) is amended to read:

Adm 21.05 (5) Sealed bids received by the department of administration, after the date and time designated in the advertisement for proposal, shall have the date and time of receipt stamped upon the face of the envelope and returned to the bidder unopened. The department shall determine envelopes that conform with this section in the best interests of the state.

SECTION 23. Adm 21.09 (4) is amended to read:

Adm 21.09 (4) Should the total of the proposals submitted by the lowest qualified responsible bidder(s) exceed the limits imposed by authorized funds, the department of administration may negotiate deductive changes, not to exceed 5% of the total bid by any of the lowest qualified responsible bidders in the lowest qualified bid for each contract to bring the bids within funding limits.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)

[CR 05-102]

NOTICE IS HEREBY GIVEN that pursuant to ss. 27.01 (2), 29.014, 29.041, 29.089 (3) and 227.11 (2) (a), Stats., interpreting s. 29.014, 29.041 and 29.0839 (3), Stats., the Department of Natural Resources will hold public hearings to revise chs. NR 10 and 45, Wis. Adm. Code, relating to small game and expanded spring turkey hunting in state parks. The proposed rule removes sunset dates from ch. NR 10 which will allow the hunting of small game, upland game birds and migratory game birds to continue at Mill Bluff and Mirror Lake state parks. The proposed rule also discontinues the hunting of small game, upland and migratory game birds at Newport and Governor Dodge state parks. The proposed rule also creates three new state park turkey management zones in Willow River, Interstate and Newport state parks. These parks will be included in the Department's annual turkey management permit issuance system. An additional special permit to hunt turkey in these parks will no longer be required.

NOTICE IS HEREBY FURTHER GIVEN that the Department master plans for affected state parks may be modified based on the proposed rule revisions.. The Department will accept comments on possible modifications to the master plans relating to hunting in the affected state parks

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, December 5, 2005 at 6:00 p.m.

County Board Room, Door County Courthouse

421 Nebraska St.